Judge LaTosha McGill Clayton
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Format Requirements3 rules
The only formats accepted are PDF for documents, JPG and PNG for images, and MP4 for audio and videos.
Formatting
- •Documents must be PDF
- •Images must be JPG or PNG
- •Audio and videos must be MP4
Flash Drives must be clearly labeled with the cause number, party name and hearing date.
Each exhibit must be saved or attached as a separate file and the file name must include the exhibit number and a brief description of the exhibit.
Document Filing Requirements34 rules
2) BVS Form/Information on Suit Affecting the Family Relationship – Bureau of Vital Statistics Form VS-165 must be completed in each case.
A Decree of Divorce, Judgment, or Final Order must show the Cause Number and Court Number on its first page.
Court's wording
7) Decree of Divorce, Judgment or Final Order must have: a) the Cause Number and the Court Number on the first page. These are provided by the District Clerk when the original Petition is filed.
e) the signatures of both parties when filed, if it is an Agreed Order.
b) the Heading or “Style” of the case on the first page.
c) all of the blanks completed and those sections that do not apply should be crossed out.
d) all of the children’s issues included, i.e., Custody, Rights and Duties, Child Support, Medical and Dental Support, and Periods of Possession.
10) Inventory and Appraisement – Is a complete listing of the parties’ assets and liabilities. This is required in a Default Divorce.
11) Last Known Mailing Address – Provides the Court with the Respondent’s Last Known Mailing Address. This is required in any Default.
19) Parenting Course Certificate – A Parenting Course is required in cases involving minor children. See your Court’s website for the approved parenting courses.
A waiver of service must be written notice to the Court from the respondent and must be notarized.
Court's wording
Waiver/Waiver of Service – Written Notice to the Court from the Respondent stating the Respondent acknowledges the lawsuit, and does not want to be Served with the Citation. Waiver must be notarized.
Service Members Affidavit/Non-Military Affidavit –This informs the Court of whether or not the Respondent is a member of the military. This is required in any Default.
DIVORCE – No Children NAME CHANGE Waiver of Service signed after the date Petition filed Name Change Order and on file before hearing OR Answer has been Adult – (1) Fingerprint Card must be on file (2) filed by Respondent Criminal Background check by the Texas Final Decree of Divorce, without any blanks and Department of Public Safety must be on file signed by all parties (Including OAG, if applicable) Child – (1) Proof of Notice to both parents, (2) Order BVS, Form VS-165 signed by both parents (3) If child is above the age of 10 years, child’s written consent to the name change must be filed
Default cases require these additional documents, including a Return of Service on file at least 10 days before the hearing.
Court's wording
DEFAULT The following are required IN ADDITION to the those in your particular case type above Return of Service – On file at least 10 days before hearing Certificate of Last Known Address Non-Military Affidavit Sworn Inventory and Appraisement
Please be sure that this form and all of the documents listed below are filed with the District Clerk’s Office before you schedule your final hearing.
The applicable divorce-with-children or SAPCR/modification checklist documents must be provided, including required orders, schedules, and forms.
Court's wording
DIVORCE – With Children Waiver of Service signed after the date Petition filed SUIT AFFECTING THE PARENT CHILD and on file before hearing OR Answer has been RELATIONSHIP (SAPCR) & filed by Respondent MODIFICATIONS Final Decree of Divorce, without any blanks and Waiver of Service signed after the date Petition filed signed by all parties (Including OAG, if applicable) and on file before hearing OR Answer has been Possession Schedule must be included in the filed by Respondent Decree, or attached to the Decree. Agreed Final Order, without any blanks and signed by Wage Withholding Order, if applicable all parties (Including OAG, if applicable) Request for Issuance of Wage/Income Withholding Possession Schedule must be included in the Decree, Order, if applicable, is filed with the District Clerk or attached to the Decree. Medical Support Order, if applicable Wage/Income Withholding Order, if applicable BVS, Form VS-165 Request for Issuance of Wage/Income Withholding Certificate of Approved Parenting Class Order, if applicable, is filed with the District Clerk Child Support Information Request Form, if Medical Support Order, if applicable applicable – To be sent directly to the Fort Bend BVS, Form VS-165 County Child Support Office, not filed Certificate of Approved Parenting Class Child Support Information Request Form, if applicable – To be sent directly to the Fort Bend County Child Support Office, not filed
i. The party requesting the hearing must complete and file the Uncontested Matters Checklist (located on the court’s website) before the hearing date.
Agreed Orders must indicate (1) that the parties did not appear in person but agreed to the terms of the order as evidenced by their signatures; and (2) that the making of a record was waived by the Court with consent of the parties.
Prove-up affidavits must be on file or attached to the proposed final order.
If electronic signatures are used, please include the confirmation/verification page.
Agreed orders must contain signatures of all parties and attorneys. All signatures must be distinctive written signatures or electronic signatures generated by the signing party. Agreed orders may NOT be signed by permission or by using “/s/ Typed Name.”
The notice must state that (1) the motion will be heard by submission; (2) no party may appear for the hearing in person; and (3) any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule.
The party opposing entry of the Proposed Order must file a markup identifying all proposed edits.
Impasse letters must be on file prior to your hearing.
SUPPORT CASES: If child support or spousal support is an issue, the following documents must be exchanged before the hearing: (1) Financial Information Statements (FIS); (2) Income tax returns for the past two years; and (3) Three most recent payroll stubs.
The Zoom meeting ID and password must be included in the Notice of Hearing/Order to Appear if the matter
PROPERTY CASES: Proposed Property Divisions and Sworn Inventory & Appraisements (from both sides) are required in all cases in which property is an issue.
A party requesting incarceration should bring a proposed Commitment Order to the hearing, be prepared to edit it, and ensure it is signed before leaving the courtroom.
Court's wording
ENFORCEMENTS: The party requesting incarceration should bring a proposed Commitment Order to court on the day of the hearing. Be prepared to edit the order based on the court’s ruling. The Commitment Order must be signed before the parties leave the courtroom.
Adoption cases require a pretrial conference, and the proposed final order and all required documentation must be filed before it; otherwise, the conference will be reset.
Court's wording
a. Adoptions may be heard in person or via Zoom. A pre-trial conference is required in all adoption cases. The proposed final order and all required documentation must be filed before the pre-trial conference. Failure to file the required documents prior to the pre-trial conference will result in the pretrial conference being reset.
A motion to quash a deposition based on the unavailability of the lawyer or witness must include at least three alternative deposition dates in its body.
Court's wording
b. Motion to Quash Deposition: If the motion is based on the unavailability of the lawyer or witness, the party filing the motion to quash must provide at least 3 alternative dates within the body of the motion for the taking of the deposition.
1) Answer – Written Response to the Court by a party Served with Citation. This does not need to be notarized.
9) Financial Information Statement – Lists a party’s monthly income and expenses along with proof of income, i.e., the party’s three most current pay stubs and two most recent Federal Tax Returns.
The style of the case must appear on the first page of court documents and identify the parties, applicable children, assigned court, and cause number.
- Placement
- First page
Court's wording
Style of the Case – Identifies the parties to a lawsuit. It appears on the first page of Court documents and includes the names of the Petitioner, the Respondent, and all of the children born during the marriage, or all children involved in the case, if outside of marriage, the Court to which the case was assigned, and the Cause Number.
Ex parte temporary restraining orders should not be filed unless extraordinary relief is requested and supported by an affidavit.
Court's wording
Temporary Restraining Orders: There are Standing Temporary Mutual Injunctions that apply in divorces and suits affecting the parent-child relationship (SAPCR). Ex parte Temporary Restraining Orders should not be filed unless extraordinary relief is requested and is supported by an affidavit.
For cases involving marital estates with numerous assets/debts, please provide (to the court) an Excel spreadsheet containing the party’s proposed property division.
Filing & Service rules
Electronic Filing Rules
Pleadings and documents must be filed with the District Clerk’s Office, either in person or online; online filing information is available from the Clerk’s website.
e. The 505th is a paperless court. All pleadings and/or documents must be filed with the Fort Bend County District Clerk’s Office. Documents may be filed in person or online. Please visit the Fort Bend County District Clerk’s website for more information on e-filing.
Page 2 | 1. GENERAL
Exhibits must be delivered to the court by email to the specified address or on a USB flash drive; they must not be emailed to the Court Coordinator or Court Reporter or filed with the Clerk’s Office, though Exhibit Lists may be filed.
Exhibits for all proceedings must be delivered to the court via email to: 505Exhibits@fortbendcountytx.gov or on a USB Flash Drive as specified below. Do not email exhibits to the Court Coordinator or to the Court Reporter. Do not file exhibits with the Clerk’s Office. (Exhibit Lists may be filed).
Page 7 | 6. EXHIBITS — c. Court Copies
Audio and video files must be provided on a USB flash drive.
AUDIO/VIDEO: Audio and video files must be on a USB Flash Drive – no exceptions.
Page 8 | 6. EXHIBITS — c. Court Copies
If a party’s combined exhibits exceed 50 pages, they must be delivered to the court on a USB flash drive.
MORE THAN 50 TOTAL PAGES: If a party’s combined exhibits exceed 50 total pages, the exhibits must be delivered to the court on a USB Flash Drive – no exceptions.
Page 8 | 6. EXHIBITS — c. Court Copies
The court does not accept exhibits through file-sharing links, and parties must not email links.
File-Sharing Links: The court does not accept exhibits via Dropbox, Google Drive, or any other file-sharing links. Please do not email links.
Page 8 | 6. EXHIBITS — c. Court Copies
For combined exhibits totaling fewer than 50 pages, email submission is sufficient, but exhibits requiring color must be delivered on a USB flash drive because admitted exhibits are printed in black and white.
LESS THAN 50 TOTAL PAGES: If a party’s combined exhibits are less than 50 total pages, submission by email only is sufficient. However, please be advised that the Court Reporter does not have access to a color printer. Admitted exhibits will be printed and delivered to the District Clerk’s office in black and white. If color is important, exhibits must be delivered on a USB Flash Drive as indicated below.
Page 8 | 6. EXHIBITS — c. Court Copies
The referenced parties and legal representatives may e-file documents for inclusion in the confidential files.
Furthermore, the above referenced parties, attorneys, amicus attorneys and attorneys ad litem shall be allowed to e-file documents for inclusion in these confidential files.
Page 2 | STANDING ORDER OF THE 505TH DISTRICT COURT
Filing Timing and Cure Windows
A divorce cannot be finalized until after the required 60-day waiting period, which begins the day after filing.
There is a 60-day required Waiting Period for Divorce Cases that begins the day after your filing date. You cannot finalize your divorce until after the Waiting Period.
Page 2 | Basic Flowchart for Family Law Cases
A final divorce hearing cannot be scheduled until 61 days after the petition is filed.
Waiting Period for Divorce Cases – Final Divorce Hearings cannot be scheduled until 61 days after the filing of the Petition.
Page 5 | Basic Terms & Procedures in Family Law Cases
A Return of Service must be on file at least 10 days before a default hearing.
Return of Service – On file at least 10 days before hearing
Page 6 | Uncontested Cases — Required Orders & Forms — Default
Responses to a motion heard by submission must be filed at least 3 days before the submission date, or earlier if required by statute or rule, to be considered.
any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule. ... Responses must be filed at least 3 days before the submission date to be considered.
Page 4 | 1. GENERAL
A proposed order must be filed by the entry date; failure to do so may result in dismissal of the case.
Failure to file a Proposed Order by the entry date may result in the case being dismissed.
Page 4 | 1. GENERAL
Parenting-class completion certificates must be filed with the District Clerk’s office before the case is finalized.
The certificates of completion must be filed with the District Clerk’s office before the case is finalized.
Page 4 | 2. PARENTING CLASSES
The proposed final order and all required documentation in adoption cases must be filed before the pretrial conference.
a. Adoptions may be heard in person or via Zoom. A pre-trial conference is required in all adoption cases. The proposed final order and all required documentation must be filed before the pre-trial conference. Failure to file the required documents prior to the pre-trial conference will result in the pretrial conference being reset.
Page 9 | 7. ADOPTIONS
Exhibit delivery on Fridays is by appointment only.
Please note that delivery on Fridays is by appointment only.
Page 8 | 6. EXHIBITS — c. Court Copies
Service and Proof of Service Rules
Give legal notice to the other party or parties, including the OAG if applicable, by service of citation or process, waiver of service, or service by publication, which requires court approval.
Give Legal Notice of the Lawsuit to the Other Party or Parties, including the OAG, if applicable, in one of the following ways: Service of Waiver of *Service by Publication Citation/Process Service *Requires Court Approval
Page 2 | Basic Flowchart for Family Law Cases
Verify that proof of service is on file with the District Clerk’s Office.
Verify Proof of Service is on file with the District Clerk’s Office
Page 2 | Basic Flowchart for Family Law Cases
The Clerk prepares and issues the Citation, which is served on the Respondent by a Licensed Process Server or Law Enforcement Agency at the beginning of the case.
6) Citation – Is a document separate from the Petition itself, but is attached to the Petition that was filed in the lawsuit. The Citation informs the Respondent about the deadline to file an Answer in the lawsuit, and contains language about the possibility of a default judgment if the Respondent does not to file an Answer by the deadline. The Citation is prepared and issued by the Clerk of the Court and is served on the Respondent by a Licensed Process Server or Law Enforcement Agency at the beginning of a case.
Page 3 | Basic Terms & Procedures in Family Law Cases
A Return of Service is a written statement filed with the Court by a Licensed Process Server or Law Enforcement Agency confirming that the Respondent was served with Citation.
24) Return of Service – Is a written statement to the Court filed by a Licensed Process Server or Law Enforcement Agency confirming the Respondent was Served with Citation.
Page 4 | Basic Terms & Procedures in Family Law Cases
The respondent must be personally served with the citation and petition by a licensed process server or constable, unless the respondent signs and files a waiver; the petitioner may not hand-deliver them.
Service/Service of Process – The Respondent is required to be Personally Served with a Citation and a copy of the Original Petition by a Licensed Process Server or by the Constable’s Office which is official/legal notice that the lawsuit has been filed. (The Petitioner cannot hand-deliver these papers to the Respondent.) Service is not necessary if the Respondent signs and files a Waiver of Service.
Page 5 | Basic Terms & Procedures in Family Law Cases
Notice of a submission hearing must be served at least 10 days before the hearing, or earlier if required by statute or rule, and proof of notice must be filed before the submission date.
NOTICE OF SUBMISSION HEARING: Notice of the submission hearing must be served at least 10 days before the date of the hearing, or more if required by statute or rule. ... Proof of notice must be filed prior to the submission date.
Page 4 | 1. GENERAL
Notice and proof of notice to the opposing attorney or party must comply with the Texas Rules of Civil Procedure.
Notice and proof of notice to the opposing attorney/party shall be pursuant to the Texas Rules of Civil Procedure.
Page 6 | 4. CONTESTED HEARINGS
Exhibits and exhibit lists must be exchanged with the opposing party by noon on the business day before the hearing; late exhibits are barred except for rebuttal exhibits or by agreement, and an approved Scheduling Order controls.
Exhibits and Exhibit Lists must be exchanged (submitted to the opposing party) by 12:00 PM THE BUSINESS DAY BEFORE THE HEARING. The submission or exchange of exhibits after the deadline will not be permitted unless they are rebuttal exhibits and/or the parties have agreed. *This does not apply to cases under an approved Scheduling Order. In those cases, the Scheduling Order will control.
Page 7 | 6. EXHIBITS
Do not include the Court or Court Coordinator on e-service requests.
Please do not include the Court or the Court Coordinator on any e-service requests.
Page 2 | 1. GENERAL
Sealing & Redaction Procedures
Confidential information in the required CPS appeals writing sample must be redacted as required by law.
(Confidential information shall be redacted as required by law.)
Civil cases
Page 2 | CPS Appeals
Pre-Motion Conference Requirements
Mediation is required before final trial except in protective-order and contempt actions; failure to mediate may result in dismissal, and temporary-orders mediation does not satisfy the requirement.
Mediation is required prior to final trial in all cases (except protective orders and contempt actions). Failure to mediate before trial may result in the case being dismissed. Mediation for Temporary Orders does not satisfy this requirement.
Page 5 | 3. MEDIATION
Mediation may be waived only by motion upon a showing of good cause, and the motion must be heard at least 10 days before final trial.
Mediation may be waived only after filing a motion and upon a showing of good cause. The motion must be heard at least 10 days prior to the final trial date.
Page 5 | 3. MEDIATION
Mediation is required before a temporary-orders hearing unless the court waives it.
Mediation is required prior to a hearing for temporary orders unless waived by the court.
Page 5 | 3. MEDIATION
Unless a true emergency is supported by affidavit, parties filing motions to modify temporary orders will be ordered back to mediation.
Motions to Modify Temporary Orders – Absent a true emergency supported by affidavit, the parties will be ordered back to mediation.
Page 6 | 4. CONTESTED HEARINGS
Parties must meaningfully confer before a discovery-dispute hearing or the hearing will be passed.
a. Failure to meaningfully confer prior to the hearing will result in your hearing being passed.
Page 10 | 10. DISCOVERY DISPUTES
Parties should try in good faith to agree on a mediator; if they cannot, a motion should be filed and the court will choose a mediator.
Parties should make a good faith attempt to agree on a mediator. If no agreement can be reached, a motion should be filed with the court and the court will choose a mediator from the wheel.
Page 5 | 3. MEDIATION
Parties may agree to resolve a case without formal mediation.
Parties may agree to resolve a case without formal mediation. Please see the rules governing Agreed Orders above.
Page 5 | 3. MEDIATION
The court may waive mediation when a party is being denied possession of the party’s child.
If a party is being denied possession of the party’s child, the court may waive the mediation requirement.
Page 5 | 3. MEDIATION
Adjournment & Extension Requirements
For cases pending more than one year, a continuance request requires a written motion even if unopposed or agreed; if granted, a new trial date will be set at that time.
b. For cases pending more than one year, a request for continuance requires a written motion (even if it is unopposed or agreed). If the continuance is granted, a new trial date will be set at that time.
Page 9 | 8. CONTINUANCES
For cases pending less than one year, the first continuance will be granted with or without cause if the parties agree, and they must file an Agreed Motion/Order or announce their agreement at the trial setting.
a. For cases pending less than one year, the first continuance will be granted with or without cause by agreement of the parties. Parties must either file an Agreed Motion/Order or appear at the trial setting and announce the agreement.
Page 9 | 8. CONTINUANCES
Upon request, the birth or adoption of a child by lead counsel or a party creates a rebuttable presumption that a 90-day continuance should be granted.
c. The birth or adoption of a child by lead counsel or a party shall create a rebuttable presumption that a 90 day-continuance should be granted upon request.
Page 9 | 8. CONTINUANCES
When the court delays its start, parties should confirm their hearing time with the Court Coordinator, and an attorney or party unable to appear at the updated time may request a reset.
d. Delayed Start: If FBISD is on a “delayed start,” the 505th will delay start as well. Please contact the Court Coordinator to confirm the time of your hearing. Due to anticipated time constraints, the time allowed for each hearing may be limited. If an attorney or party is unable to appear at the updated start time, a reset may be requested.
Page 11 | 13. INCLEMENT WEATHER POLICY
For a school closure extending multiple days, the court may offer a Zoom hearing instead of resetting the case if all parties are available and agree; no defaults will be taken during inclement-weather closures.
e. *If the school district closure extends over multiple days, the court may give parties the opportunity to have their cases heard via Zoom in lieu of being reset if all parties are available and agree. However, no defaults will be taken during inclement weather closures.
Page 11 | 13. INCLEMENT WEATHER POLICY
Cases set on a day the court closes for inclement weather are automatically reset, and parties should contact the Court Coordinator for a new date.
c. Court Closure: All cases set on a day that the court is closed due to inclement weather will automatically be reset. Please contact the Court Coordinator for a new date.
Page 11 | 13. INCLEMENT WEATHER POLICY
Chambers Communication Rules
After filing final documents with the District Clerk, request a final hearing date by emailing the Court Coordinator.
File Your Final Documents with the District Clerk and Request a Final Hearing Date by E-mailing the Court Coordinator
Page 2 | Basic Flowchart for Family Law Cases
Request an uncontested-matter hearing by emailing 505Hearings@fortbendcountytx.gov with the cause number, case name, and requested hearing type in the subject line; the coordinator will respond with available dates.
j. UNCONTESTED DOCKET: To request a hearing on an uncontested matter, please send an email to: 505Hearings@fortbendcountytx.gov. The subject line of the email must include the cause number, the case name, and the type of hearing requested. For example, “24-DCV-00000, Smith, Final Divorce Hearing.” The Court Coordinator will respond with available dates.
Page 2 | 1. GENERAL
Request contested hearing dates by email to the listed address, including the cause number, case name, and requested setting type in the subject line.
Requests for contested hearing dates must be made by sending an email to: 505Hearings@fortbendcountytx.gov. The subject line of the email must include the cause number, the case name, and the type of setting requested. For example, “22-DCV-00000, Smith, Temporary Orders Hearing”.
Page 6 | 4. CONTESTED HEARINGS
General communication with the court is preferred by email to the Court Coordinator, but that address must not be used to request hearing dates or submit exhibits.
d. General communication with the court is preferred by email to Angella Powers, Court Coordinator at: Angella.Powers@fortbendcountytx.gov (Do not use this email address to request a hearing date or to submit exhibits. Please follow the instructions below.)
Page 1 | 1. GENERAL
The court can be reached at 281-238-3244, but staff will not provide legal advice or participate in ex parte communications except as allowed by law.
b. The court’s telephone number is 281-238-3244. The court staff will not provide legal advice or participate in ex parte communications (except as allowed by law).
Page 1 | 1. GENERAL
Contact the court for the Zoom meeting ID 48 hours before the hearing.
Click on Meeting ID and type in the Court Zoom ID: contact the court for the zoom meeting id# 48 hours prior to the hearing.
Page 1 | For iPhone and Android users
Contact the court for the Zoom meeting ID 48 hours before the hearing.
In the middle of the page click “Meeting ID or Personal Link Name” and type in the Court Zoom Meeting ID: contact the court for the zoom meeting id# 48 hours prior to the hearing.
Page 2 | For Laptop or PC users
Questions regarding documents, files, filings, service, etc. should be directed to the District Clerk’s office at 281-341-4509.
Questions regarding documents, files, filings, service, etc. should be directed to the District Clerk’s office at 281-341-4509.
Page 2 | 1. GENERAL
The court permits quick approaches by Zoom; contact the court to schedule, and opposing counsel or the opposing party must be present.
14. APPROACHES: The court will allow quick “approaches” via Zoom. Please contact the court to schedule. Opposing counsel/party must be present.
Page 11 | 14. APPROACHES